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Report No. 44

14. Certificate not granted lightly.-

It is true that a certificate of fitness for appeal to the Supreme Court is not to be granted lightly, as the Supreme Court has repeatedly pointed out. That is precisely how we think it should be. The Supreme Court, in our opinion, should be troubled only if the High Court finds itself in great difficulty in deciding a case and the question of law is of great importance. As we have said, such occasions would and should be few. It has to be remembered that Article 136 of the Constitution is always available for correcting any error of the strictness that a High Court may have committed, and, unlike the Privy Council, the Supreme Court is near at hand.



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